Criminal Law - what does it mean?

on .

criminal-lawCriminal law involves prosecution by the federal government of an individual for an act that is classified as a crime. Civil cases, however, involve individuals and organizations wanting to resolve legal disputes. In a criminal case, Hawaii, by way of a prosecutor, initiates the suit, during a civil case the victim brings the suit. Persons convicted of a crime could be incarcerated, fined, or both. However, persons found liable in a civil case may simply quit property or pay money, but aren't incarcerated.
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are several common law crimes, most crimes in the USA are established by local, state, and federal governments. Criminal laws vary significantly from state to convey. There's, however, a Model Penal Code which serves as an excellent starting place to get a knowledge of the essential structure of criminal liability.
Crimes include both felonies (much more serious offenses -- like murder or rape) and misdemeanors (less serious offenses - like petty theft or jaywalking). Felonies are often crimes punishable by imprisonment of per year or even more, while misdemeanors are crimes punishable by significantly less than per year. However, no act is really a crime if it is not previously established therefore either by statute or common law. Recently, the set of Federal crimes coping with activities extending beyond state boundaries or having special effect on federal operations, is continuing to grow.
All statutes describing criminal behaviour could be broken down to their various elements. Most crimes (apart from strict-liability crimes) contain two elements: an act, or actus reus, and a state of mind, or mens rea. Prosecutors need to prove every single part of the crime to yield a conviction. Furthermore, the prosecutor must persuade the jury or judge beyond an acceptable doubt of each fact essential to constitute the crime charged. In civil cases, the plaintiff must show a defendant is likely only by way of a preponderance of the data, or even more than 50%.

Trump's Travel Ban Headed to Supreme Court

on .

Last week, the U.S. Department of Justice appealed the Fourth Circuit's injunction against President Trump's Executive Order on immigration to the Supreme Court, asking the Court to reinstate the travel ban on immigrants from six Muslim-majority countries. And the president...

What Is HIV Discrimination?

on .

Individuals who have HIV or AIDS will generally be protected under the law from discrimination. However, recognizing HIV or AIDS discrimination may be difficult. Individuals with HIV or AIDS can face discrimination in nearly every facet of life. Sadly,...

Can You Get Custody of a Sibling?

on .

We know that courts prefer not to separate siblings when issuing custody orders. But what if one sibling wants custody of another? In some cases, an older sibling will want to remove a younger one from a dangerous or unhealthy...

Non-Sequiturs: 06.16.17

on .

content/uploads/2017/02/Philando-Castile-300x199.jpg" alt="" width="300" height="199" class="size-medium wp-image-454758" /> Generated by IJG JPEG Library[/caption] * Cop found not guilty for killing Philando Castile because it's simply not illegal for cops to kill black men. Maybe this will just sag, like a heavy load. Or maybe explode. [NPR] * Professor Orin Kerr thinks that self-driving cars will change police strategies. Maybe, but cops will still find a way to murder unarmed black men for automated "menacing" driving or something. [Volokh Conspiracy] * Hero Pop shows these men of will what will really is. And Trumpsters are "heartbroken." https://twitter.com/JackPosobiec/status/875592455365599234 !--more-- * David Lat was on The Takeaway today to talk about the Avengers-level team of witch hunters Robert Mueller has assembled. [The Takeaway] * Dreamers can stay, their parents must go. This passes for a "victory" in these times. [ABA Journal] * There's a scene in Star Trek 3 where Captain Kirk asks Klingon Christopher Lloyd to beam up teenage Spock. The Klingon says no, Kirk asks why, and Lloyd says, "Because you wish it!" Trump's Cuba reversal, and general...

Tips for Finding Hidden Assets in a Divorce

on .

Chances are, if you're getting divorced, you already feel like your spouse hasn't told you everything. Especially if you're involved in a high asset divorce, you might get the sense your spouse hasn't told you where all the money is....

5 Estate Planning Tips for Non-U.S. Citizens

on .

Estate planning, although necessary, is never fun. Between federal estate taxes and state inheritance laws, designing a plan for your property after death -- and drafting the essential documents -- can be a major headache. Those arrangements can only get...

What Is a Chapter 7 Means Test Calculator?

on .

Any time a person files for bankruptcy, federal courts will apply a means test to see if the debtor qualifies for Chapter 7 bankruptcy. The first step in that test is to compare the person’s average monthly income for the...

Non-Sequiturs: 06.02.17

on .

* Michael Bloomberg has offered to pay the United States' share to the United Nations as part of the Paris climate agreement that Trump is trying to stop. It's a nice gesture, but it also feels like how Old World oligarchs used to pay people to look the other way instead of overthrowing the incompetent king. [Forbes] * Former Penn State officials, including former president Graham B. Spanier, have been sentenced to jail time in the wake of the Jerry Sandusky scandal. [New York Times] * Evergreen State remains on lockdown due to threats related to its "Day of Absence." Massa don't like it much when you lock him out. [KIRO 7] * Thief stole a backpack off one of the dying heroes in the Portland attack. Looks like they caught him. [Gizmodo] !--more-- * You're still not allowed to protest at the Supreme Court. [Courthouse News Service] * Wasn't there a Law and Order about a fertility specialist who used his own sperm instead of the donor sperm people thought they were getting? [Slate] * Time for some promos: If you are interested in Loving, there's a great event centered around it at the WNYC Green Space on Monday, June 12th. [Greene Space] * If, on the other hand, you...

What Happens When Court-Ordered Mediation Fails?

on .

Over the last few decades, most courts have begun requiring parties to attempt mediation, or other forms of alternative dispute resolution (ADR), at various stages in the litigation process. The mediation process is very effective at resolving disputes as...

What Is Genetic Information Discrimination?

on .

While most people tend to think of discrimination in terms of race, gender, disability, ethnicity, and age, another category exists that many people are unaware of entirely: genetic information. Not only do civil rights laws protect against discrimination on...

Texas Sanctuary Cities Law: What You Need to Know

on .

Sanctuary cities -- those that decline to cooperate with federal immigration enforcement -- have become a target under the Trump administration. The president attempted to punish sanctuary jurisdictions by withholding federal funds, but his executive order was blocked by a...